Viewing page 250 of 270

This transcription has been completed. Contact us with corrections.

and make them his property without the Consent of the owner. But there must be an actual taking or severance of the Goods from the possession of the owner, on the Ground that Larceny includes a trespass, if therefore there be no trespass there can be no felony in carrying them away. If the owner or person claiming it be not actually or constructively in possession of it, the taking cannot amount to Larceny.

I do not think that the Magistrate intended to do this injustice to the Col^d man but did it out of ignorance of the Law and as it is too expensive for Harvey to fee a Lawyer in his behalf, and sue out a writ of Habeas Corpus, I respectfully request of you to procure a just and fair examination of this case before a Competent Magistrate.

Harvey further complains that Mr. Isle, the Magistrate, had given orders for the Corn to be taken out of Harveys house and to divide it. By this operation Caffey will not only succeed in swindling the poor ignorant colored man out of his Tobacco, but also out of his Corn besides the imprisonment; and as Caffey is not worth anything, at least nothing above